Earlier this week, Rand Simberg and the Competitive Enterprise Institute replied to Michael Mann’s libel suit. Specifically, they filed a motion to dismiss for failure to state a claim and, more interestingly, a special motion to dismiss under the District of Columbia’s Anti-SLAPP Act. As I noted here, Mann exposed himself to this motion by choosing to file his case in D.C. Superior Court.

Under D.C. Code Section 16-5502(b), a defendant in a libel action who is being sued for a written or oral statement made “in connection with an issue of public interest” is entitled to have the suit dismissed unless the plaintiff can show that “the claim is likely to succeed on the merits.” Further, the statute provides that filing the special motion stays discovery proceedings unless particular showings can be made. Given that global warming and climate policy are unquestionably issues of public interest (defined by the statute to include environmental issues), the relevant statements are clearly covered. So in order to prevail Mann will not only have to show that Simberg and CEI made provably false statements of fact concerning him that were defamatory, he will also have to show that Simberg and CEI made knowingly false statements or make their statements in “reckless disregard” of the truth — and that is notoriously difficult to do, particularly in the context of heated political debate. Further, Mann is unlikely to have the benefit of discovery to assist in his claims. Should Simberg and CEI prevail with this motion, they will be able to seek recovery of their legal costs. All of this makes me wonder why Mann chose D.C. as the venue for his suit.

Yeah, except Romney made his. He didn’t marry some rich bitch who inherited it from her sixth dead husband.

But he did serve in VietNam, I guess. So there’s always that. Too bad he’s never released his form 180, or whatever it is, so we could all see the ‘rest of the story’.

He obviously got a dishonorable discharge, which was later ‘nullified’ by Jimmah Carter, who went outside of the law by doing that. Part of a dishonorable discharge is that you can never serve in public office after that. Kerry went on to become a district attorney. That’s a public office. Can you imagine the shitstorm in Massachusetts if it ever got out that he got a DD? dishonorable discharge? Every case that he ever worked on would have to be thrown out. Nevermind the lawsuits.

But I guess he’d make a fine Secretary of State. I just hope he never gets a yeast infection, like the current crop.

With ya Hog, but I’m thinking his original discharge was an “Other Than Honorable”, negotiated down from “Dishonorable” in order to save the Navy the time and trouble of going through a court-martial.

If his complete service jacket ever again sees the light of day, any Navy Yeoman (charged with the maintenance of officer service records) can verify it instantly.

The other person I’m angry with is Ensign Kerry’s first division Chief Petty Officer, who didn’t raise him right. Part of our responsibility as a Chief was “the training and development of junior officers.” Said chief should have landed on Kerry’s smug patrician ass with both feet and realigned him. Maybe then he’d be something of a worthy human being instead of the insufferable lying pompous ass he is today.

If you ever wondered what this administration thought of this country– I know none of you ever did– but if you ever did– this is the best example . He said vote for revenge. The very most sickening part of this is that not one Republican will appose this.

Our newest craftsman, helluva woodworker and a hearty conservative, handed me a Christmas bottle of Jack, in thanks for the work and the education we are providing him.

I do believe I will have about three fingers along with a pint of New Belgium’s “1554, Black Belgium Ale” to celebrate this…the latest, and most detestable spawn of this foul nest of evil who have invaded Washington.